未成年人器官捐赠知情同意权的法理基础与制度构建∗

摘要

近年来器官捐赠的行为越来越多，其合法性特别是未成年人器官捐赠的合法性引起了社会的广泛关注。分析未成年人器官捐赠的现状及器官的法律性质，明确捐赠行为的合法性和知情同意权的法理基础，指出未成年人器官捐赠知情同意权的不足，并结合社会各方利益提出对策建议，以期建立合法合理的未成年人器官捐赠知情同意权制度。%More and more organ donation appeared in recent years, whose legitimacy is attracting wide attention of the society, especially the legitimacy of organ donation of minors. The status quo of organ donation of minors and the legal character of organ are analyzed, and the legitimacy of donation and the nomological basis of the right of informed consent is clarified. The shortages of the right of informed consent of organ donation of minors are pointed out, and countermeasures and suggestions are proposed combined with the benefits of different subjects of the society, in order to construct legal and proper institution of the right of informed consent of organ donation of minors.